Homeschooling in the United States
Homeschooling is the education of school-aged children under their parents' general monitoring. Some homeschooled children enroll part time at a campus-based school or share instruction with other families, but most of their educational program is under the direct oversight of parents or guardians. The number of children who are homeschooled in the United States more than doubled between the 1990-91 and 1995-96 school years. From one to two percent of the school-aged population were involved in home education as reported in the State Education Agencies Summary of Available Data on Homeschooling.
Constitutional rights to liberty and privacy under the Fourteenth Amendment and the free exercise of religion under the First Amendment guarantee parents the right to educate their children according to their convictions.
In Pierce v. Society of Sisters of the Holy Names of Jesus and Mary (1925), the Supreme Court found that: "the fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the state to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the state; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations."
The U.S. Supreme Court has not ruled explicitly on homeschooling but did rule against compulsory school requirements in Wisconsin v. Yoder (1972), a limited decision involving the Amish. More generally the Court has also upheld the right, subject to reasonable state requirements, of parents to direct the education of their children.
Government Publications on Homeschooling
Homeschooling Resources for Parents and Students
Homeschoolers: Estimating Numbers and Growth
A parent's right to choose a private education, which includes homeschooling, is reflected in the statutes of all fifty states. The compulsory school attendance laws typically specify such private education as an alternative or exception to public school attendance requirements. Because each state regulates homeschooling differently, parents should examine local laws and consult with other homeschoolers before proceeding.
Private School/Homeschooling Laws State by State
This site was produced as a project for the College of Library and Information Science at the University of South Carolina. If you have comments, please e-mail Vicki Merritt. 10/09/2000